A couple of weeks ago, we posted the OSI and FSF’s joint position statement to the US Department of Justice about Novell’s proposal to sell its patents to the newly-formed CPTN Holdings. Yesterday we learned that the DOJ has sent a “Second Letter” to both companies, asking them to provide more information about the deal.

For future reference, the statement from Brett Smith is added below in full. █

US Department of Justice Investigating Novell/CPTN Deal Further

A couple of weeks ago, we posted the OSI and FSF’s joint position statement to the US Department of Justice about Novell’s proposal to sell its patents to the newly-formed CPTN Holdings. Yesterday we learned that the DOJ has sent a “Second Letter” to both companies, asking them to provide more information about the deal.

We’re heartened to see that the DOJ is taking this issue seriously. When proprietary software companies attack free software with patents, that can be anticompetitive activity. The DOJ is right to investigate and ensure that won’t be a problem with this deal, and they’re setting good precedent for investigating future acquisitions.

CPTN Holdings was formed jointly by Microsoft, Apple, Oracle, and EMC for the express purpose of buying Novell’s patents. We’re very concerned that CPTN Holdings will attack free software with those patents. That’s the simplest explanation for why these competitors cooperated for this one specific acquisition. We expect the DOJ to get complete answers about CPTN’s intentions before they approve any sale. Their follow-up letter represents the first step in that process.

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